Jacobus v. City of Oakland

Citations

• 42 Cal. 21

Syllabus

<p>Construction or Statute—Streets in Oakland.—The Legislature did not intend by the Act of January 31st, 1870, relative to the opening of streets in Oakland, to authorize the City Council to proceed to open, extend, straighten, or widen any street, except in cases where the Council were satisfied that the benefits to lands affected thereby, and to be assessed therefor, would exceed the damages to private property necessarily occasioned, and the expenses of the proceeding and work.</p> <p>Idem.—The Legislature did intend that the aggregate damages to private property, including the value of land taken for the street, and the expenses of the Commissioners, should be paid for in money by assessment upon the several parcels of land benefited by the proposed improvement, in proportion to the benefits to accrue to each.</p> <p>Idem—Duty ot Commissioners.—It is the duty of Commissioners appointed under that Act to ascertain and report the damages to the owner of each specific parcel of land affected by the proposed work, which should include the value of lands taken for the street.</p>